CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) rescinded the previous award due to an improper calculation of permanent disability based on diminished future earning capacity (DFEC). The WCAB found that the administrative law judge erred by directly converting the vocational expert's DFEC finding into an overall permanent disability percentage without proper application of statutory guidelines. The case is returned for further development of the record regarding how DFEC modifiers in the rating schedule reflect actual earning capacity loss.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) rescinded the previous award due to an improper calculation of permanent disability based on diminished future earning capacity (DFEC). The WCAB found that the administrative law judge erred by directly converting the vocational expert's DFEC finding into an overall permanent disability percentage without proper application of statutory guidelines. The case is returned for further development of the record regarding how DFEC modifiers in the rating schedule reflect actual earning capacity loss.
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